The panel had been deliberating since late Wednesday afternoon, debated all day yesterday and spent nearly three hours today mulling over Rose’s fate.

Rose is charged with gunning down Dareus Burgess, 28, near the Cosmo "Gussy" DiSanto Memorial Playground on June 8, 2009.

On the day before Burgess was killed there was a fight in the playground between a woman and Rose's girlfriend and Rose's girlfriend allegedly pulled a knife, prosecutors allege. A good Samaritan stepped in, disarmed her and broke up the fight, prosecutors allege.

The girlfriend called Rose, who immediately went to the park, got into a fight with the man and was beaten up, prosecutors allege. The next day Rose went back seeking revenge and, unable to find the man, he shot Burgess who had nothing to do with the incident, prosecutors allege.

On the day Burgess was killed, his mother, Miriam Melendez, got word of the shooting and ran to the playground from her nearby home only to find her son lying on a walkway between the basketball and bocce courts. He was already dead.